Lloyd's Maritime Law Newsletter

Practice – Set-off – Claim for air freight – Whether common law rule applied to preclude set-off against air freight

Admiralty – Personal injury action – Cruise passenger sustaining injury on tender boat while disembarking for shore excursion – Whether claimant contracted with cruise operator – Whether incident occurred in course of carriage – Whether incident caused by fault or neglect of cruise operator – Athens Convention

Carriage by air – Passengers – Delay – Passengers suffering delay involving connecting flights from Dubai by non-EU Community carrier – Whether passengers entitled to compensation under Regulation (EC) No 261/2004

Admiralty practice – Vessel sold by order of court – Owners of vessel failing to acknowledge service of proceedings – Plaintiff applying by notice of motion for judgment in default of acknowledgment of service – Whether need for notice of motion to be served on defendant

General average – Vessel suffering engine breakdown whilst seeking to avoid typhoon – Whether casualty caused by actionable fault on part of shipowners – Burden of proof as to reasonableness of expenditure claimed

Charterparty – NYPE Inter-Club Agreement 1996 – Clause 8(d) – Whether “act” requires fault

Contract – Formation – Negotiations for charter of vessel – Owners’ offer expressed to be “Subject to review of charterer’s pro forma charterparty with logical amendment” – Whether binding contract concluded – Whether any concluded contract void for uncertainty